Jalil Kujara & Anr vs Union Of India & Anr
2025 Latest Caselaw 6557 Ori

Orissa High Court

Jalil Kujara & Anr vs Union Of India & Anr on 2 April, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.600 of 2024
        Jalil Kujara & Anr.        .....                    Appellants
                                                 Mr. Satyaban Sahoo,
                                                           Advocate
                                   -versus-
        Union of India & Anr.          .....             Respondents
                                             Mr. Alok Kumar Mohanty,
                                                     Sr. Panel Counsel

                               CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                  ORDER

Order 02.04.2025 No.

01. 1. This matter is taken up through hybrid

arrangement.

2. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated

30.10.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/34/2023.

3. Heard.

4. The brief fact of the case is that on the date of

incident i.e. on 04.08.2022, the deceased named Md.

Assfak along with his friends were travelling by Train

No. 17005 Hyderabad-Raxaul Express train from

Hyderabad to Darbhanga Railway Station as a bona fide

passenger. It is averred that during course of journey due

to sudden jerk and push and pull of passengers inside the

compartment, the deceased accidentally fell down from

said train near Dhutra Railway Station and died after

sustaining injuries on 05.08.2022. Based upon the

information of SS/Jharsuguda, the GRP/Jharsuguda has

registered a UD case No.34/2022 dated 06.08.2022 and

conducted enquiry about the matter. With regard to the

ticket, it is averred by the Applicants that on the date of

incident, their deceased son was travelling with a valid

EFT (Excess Fare Ticket) bearing No. F-490305 dated

04/08/2022, which was recovered from the brother of the

deceased and the same was seized by the police.

5. Learned counsel for the Appellants submits that

the learned Tribunal had awarded a sum of Rs.8,00,000/-

in favour of the Appellants. However, the Appellant No.1

was permitted to withdraw only 50% of the awarded

amount and the Appellant No.2 was permitted to

withdraw only 10% of the awarded amount. He further

submits that since the Appellants are senior citizens and

are suffering from various diseases, they may be

permitted to withdraw their entire share as awarded in

the above noted judgment.

6. In such view of the matter, this Court modifies

only that part of the judgment dated 30.10.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/34/2023 and

directs that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 30.10.2024.

7. This FAO is, accordingly, disposed of.

(Dr. S. K. Panigrahi) Judge Gitanjali